How to Apply For Presidential Pardons - How a President Grants a Pardon

Each new president sees a deluge of pardon applications. The desire of people to obtain forgiveness for past criminal transgressions springs anew when a new administration takes the oath of office.

The Department of Justice has established certain minimum standards for those wishing to apply for a presidential pardon. The Department of Justice has established the Office of the Pardon Attorney, whose sole responsibility is to review and evaluate each pardon application. Your application for a presidential pardon must be well-drafted, fully meet all the requirements, and present your best case for deserving clemency. Before you start anything, you must wait until at least five years have passed since the termination of your period of incarceration. Supervised release, which often comes after incarceration in the federal system, does not have to be completed prior to the five year waiting period terminating. This is neither a Constitutional nor statutory requirement - it is completely an internal requirement by the Department of Justice. The government believes the waiting period is necessary "to demonstrate an ability to lead a responsible, productive and law-abiding life." Needless to say, there is also a requirement that your behavior be completely lawful since the completion of your federal sentence. Probationary sentences begin the five year period on the date of sentencing.

Three sworn character references should also be included with your pardon application. You are not limited to three, but the main three references must be designated as primary. Character references cannot be from relatives or spouses. Your application rests on the strength of your personal references. If other upstanding individuals consider you worthy of their endorsement, the Office of the Pardon Attorney will be more likely to look favorably on your application.

You must not only satisfy the waiting period and avoid any unlawful behavior, but should also provide an official copy of your criminal arrest history. Copies of your credit report and records related to any civil law suit in which you have been involved must also be assembled. This step is more important than it sounds. Any omissions or incorrect entries in your application could be interpreted by the Department of Justice as a falsification. A federal indictment could be issued against you. It is more important to be honest. Negative entries in your past can be explained, and this is the preferred way to address imperfections in your pardon application.

The final part of the application is your reason for wanting a pardon. Good reasons are related to work, education and professional certifications. Without a valid need for a pardon, you are likely to have your application denied outright without even full consideration. Retaining an attorney experienced in the presidential pardon process is vital to make sure this part, among the others, is done correctly. Without a well-crafted rationale for forgiveness, your application will not receive full consideration by the Department of Justice.

The pardon power is exclusive to the president per the terms of Article II, Section 2 of the Constitution, so the decision on whether or not to grant a pardon is final. The Department of Justice has not felt it necessary to set up an internal appeals process. Further, there is no hearing to determine your pardon worthiness, unlike many states which will grant a hearing to the petitioner before making the final decision. The presidential pardon application is something you really only get one shot at per administration. You want to make sure you get it right the first time.

Nathan Moore is a Tennesse criminal defense lawyer, with a specific focus on pardon applications. He is licensed to practice in the state courts of Tennessee and the federal courts for Nashville, Tennessee. This article has also been designated How Does a President Grant a Pardon?, You can learn more about the executive clemency / presidential pardon process on his website or by calling (615) 346-2213.

How to Apply For Presidential Pardons - How a President Grants a Pardon

When a person has committed a crime that has resulted in a prison sentence, that crime can be pardoned. There are very few people who have the power to grant criminal pardons and these would be a countries president or monarch, a church authority, or a head of state...

There are many people who have either committed crimes or were falsely accused of one and found guilty that might benefit from a pardon. Not everyone of course deserves a shot at a pardon, for instance those who are repeat offenders...

Information is inadvertently, but legally leaked to the press. A special prosecutor is picked to investigate. The prosecutor learns who did the leaking but that no crime was committed - he still goes ahead with a trial to nail someone for something. There are conflicting recollections all over the place and tapes proving many serious memory lapses and-or contradictions. In all this confusion and he said, she said, Lewis Libby is convicted of perjury.

In an annual presidential amnesty before Thanksgiving, US President Barack Obama has pardoned the official national Thanksgiving turkeys named Liberty and Peace which were chosen among 30 turkeys raised and groomed in Willmar, Minnesota in the National Thanksgiving Turkey. Among two birds, only Liberty enjoys the national spotlight during a brief ceremony at the North Portico on Wednesday morning. During the tradition, Obama made a priestly gesture over the bird before announcing: "You are hereby pardoned!".

Canadians who have completed their sentences after having been convicted of a criminal offense can apply for a pardon provided they have demonstrated they have been law-abiding citizens ever since. In special circumstances the Governor General can also grant clemency if there is new evidence of innocence or other reason to remove records or sentences.

A criminal record remains with you as a permanent blot and dooms your future prospect. It will be a frustrating experience for you. The only way to get out of the hovering troubles is being granted pardons and waivers.

A criminal record remains with you as a permanent blot and dooms your future prospect. It will be a frustrating experience for you. The only way to get out of the hovering troubles is being granted pardons and waivers.

If you have ever been accused of a crime or arrested under criminal charge in the state of Canada, you will find it extremely difficult to manage a job. The non-conviction criminal record will adversely affect your employability. The employers in Canada run a special process to check out the background of the job applicants before selecting from them. They can easily access an applicant's criminal record. Despite being a most employable person

If you have a criminal record, getting a criminal pardon removes many obstacles affecting your life. With a criminal record there are many things you may not be able to do even though you feel you have paid your dues to society and have been rehabilitated. For instance, having a criminal record can reduce your chances of getting a job.